Bill Text: TX SB896 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the stay of proceedings pending an interlocutory appeal of a denial of a motion to dismiss in an action involving the exercise of certain constitutional rights.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2023-05-23 - Placed on General State Calendar [SB896 Detail]
Download: Texas-2023-SB896-Comm_Sub.html
Bill Title: Relating to the stay of proceedings pending an interlocutory appeal of a denial of a motion to dismiss in an action involving the exercise of certain constitutional rights.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2023-05-23 - Placed on General State Calendar [SB896 Detail]
Download: Texas-2023-SB896-Comm_Sub.html
By: Hughes | S.B. No. 896 | |
(In the Senate - Filed February 14, 2023; March 1, 2023, | ||
read first time and referred to Committee on State Affairs; | ||
March 13, 2023, reported favorably by the following vote: Yeas 9, | ||
Nays 0; March 13, 2023, sent to printer.) | ||
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relating to the automatic stay of proceedings pending an | ||
interlocutory appeal of a denial of a motion to dismiss in an action | ||
involving the exercise of certain constitutional rights. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.014, Civil Practice and Remedies | ||
Code, is amended by adding Subsection (c-1) to read as follows: | ||
(c-1) A denial of a motion to dismiss described by | ||
Subsection (a)(12) is not subject to the automatic stay under | ||
Subsection (b) if the order denying the motion states that the | ||
motion was: | ||
(1) denied as not timely filed under Section | ||
27.003(b); | ||
(2) determined to be frivolous or solely intended to | ||
delay under Section 27.009(b); or | ||
(3) denied because the action is exempt under Section | ||
27.010(a). | ||
SECTION 2. The change in law made by this Act applies only | ||
to an action filed on or after the effective date of this Act. An | ||
action filed before the effective date of this Act is governed by | ||
the law applicable to the action immediately before the effective | ||
date of this Act, and that law is continued in effect for that | ||
purpose. | ||
SECTION 3. This Act takes effect September 1, 2023. | ||
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